Stricken language would be deleted from and underlined language would be added to present law.
Act 317 of the Regular Session
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State of Arkansas As Engrossed: H1/24/23 H1/30/23 S3/9/23 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1156 3
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By: Representatives Bentley, K. Brown, Crawford, D. Hodges, Ladyman, Long, Lundstrum, McAlindon, 5
Miller, Rose, Tosh, Barker 6
By: Senator D. Sullivan 7
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For An Act To Be Entitled 9
AN ACT CONCERNING A PUBLIC SCHOOL DISTRI CT OR OPEN-10
ENROLLMENT PUBLIC CH ARTER SCHOOL POLICY RELATING TO 11
THE SEX OF A PUBLIC SCHOOL STUDENT WHO A TTENDS A 12
PUBLIC SCHOOL SPONSO RED OR SUPERVISED OV ERNIGHT TRIP; 13
CONCERNING THE DESIG NATION OF A MULTIPLE OCCUPANCY 14
RESTROOM OR CHANGING AREA BASED ON AN IND IVIDUAL'S 15
SEX; AND FOR OTHER P URPOSES. 16
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Subtitle 19
CONCERNING A PUBLIC SCHOOL DISTRICT OR 20
OPEN-ENROLLMENT PUBLIC CHARTER SCHOOL 21
POLICY RELATING TO A PUBLIC SCHOOL 22
STUDENT'S SEX. 23
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
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SECTION 1. Arkansas Code Title 6, Chapter 10, Subchapter 1, is amended 28
to add an additional section to read as follows: 29
6-10-137. Overnight trips. 30
(a) Except as provided in subsection (b) of this section, a publi c 31
school district or open-enrollment public charter school that sponsors or 32
supervises an overnight trip involving a public school student shall ensure 33
that a public school student attending the overnight trip either: 34
(1) Shares sleeping quarters with a member or, if necessary, 35
multiple members, of the same sex; or 36 As Engrossed: H1/24/23 H1/30/23 S3/9/23 HB1156
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(2) Is provided single -occupancy sleeping quarters. 1
(b) A public school student attending an overnight trip may share 2
sleeping quarters with a member of the opposite sex if the member of the 3
opposite sex is a member of the public school student's immediate family. 4
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SECTION 2. Arkansas Code Title 6, Chapter 21, Subchapter 1, is amended 6
to add an additional section to read as follows: 7
6-21-120. Public school restrooms — Designation based on sex. 8
(a) As used in this section: 9
(1)(A) "Multiple occupancy restroom or changing area" means an 10
area in a public school district or open -enrollment public charter school 11
building that is designed or designated to be used by one (1) or more 12
individuals at the same time and in which one (1) or more individuals may be 13
in various stages of undress in the presence of other individuals. 14
(B) "Multiple occupancy restroom or changing area" 15
includes without limitation the following: 16
(i) A restroom; 17
(ii) A locker room; 18
(iii) A changing room; and 19
(iv) A shower room; and 20
(2)(A) "Sex" means the physical condition of being male or 21
female based on genetics and physiology. 22
(B) A public school district or open -enrollment public 23
charter school may rely upon a public school student's sex as identified on 24
his or her original birth certificate issued at or near the time of his or 25
her birth. 26
(b) To ensure privacy and safety, each public school district and 27
open-enrollment public char ter school that serves students in prekindergarten 28
through grade twelve (preK -12) in this state shall: 29
(1) Require each multiple occupancy restroom or changing area to 30
be designated as follows: 31
(A) For the exclusive use by the male sex; or 32
(B) For the exclusive use by the female sex; and 33
(2)(A) Provide a reasonable accommodation to an individual who 34
is unwilling or unable to use a multiple occupancy restroom or changing area 35
designated for the individual's sex. 36 As Engrossed: H1/24/23 H1/30/23 S3/9/23 HB1156
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(B)(i) A reasonable accommo dation under this subdivision 1
(b)(2)(A) may include without limitation access to a single -occupancy 2
restroom or changing area. 3
(ii) A reasonable accommodation shall not include 4
access to a restroom or changing area that is designated for use by member s 5
of the opposite sex to an individual while members of the opposite sex of the 6
individual are present or may be present in the restroom or changing area. 7
(c) This section does not apply to an individual who enters a multiple 8
occupancy restroom or changi ng area designated for use by the opposite sex 9
when he or she enters for at least one (1) of the following circumstances: 10
(1) For custodial, maintenance, or inspection purposes; 11
(2) To render emergency medical assistance; or 12
(3) To address an ongo ing emergency, including without 13
limitation a physical altercation. 14
(d)(1) Nothing in this section shall be construed to prohibit a public 15
school district or open -enrollment public charter school from adopting a 16
policy that is necessary to accommodate in dividuals protected under the 17
Americans with Disabilities Act of 1990, Pub. L. No. 101 -336, as it existed 18
on January 1, 2023, or young children who are in need of physical assistance 19
when using a restroom or changing facility that is located in a public sc hool 20
district or open-enrollment public charter school. 21
(2) However, a public school district or open -enrollment public 22
charter school that serves students in prekindergarten through grade twelve 23
(preK-12) in this state shall not adopt a policy under su bdivision (d)(1) of 24
this section that is contrary to this section. 25
(e)(1) An allegation of noncompliance with this section shall be 26
referred to the Professional Licensure Standards Board by filing a formal 27
complaint. 28
(2) Upon the board finding noncomp liance with this section, the 29
following individuals, as applicable, shall be subject to a minimum fine of 30
one thousand dollars ($1,000), and may receive additional sanctions as 31
determined by the board: 32
(A) The superintendent of a public school district where 33
the noncompliance occurred, if the superintendent is found specifically to be 34
noncompliant with this section; 35
(B) The principal of a public school where the 36 As Engrossed: H1/24/23 H1/30/23 S3/9/23 HB1156
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noncompliance occurred, if the principal is found specifically to be 1
noncompliant with this section; 2
(C) The director or administrative head of an open -3
enrollment public charter school where the noncompliance occurred, if the 4
director or administrative head is found specifically to be noncompliant with 5
this section; or 6
(D) A teacher or supervisor of a classroom or school -7
sponsored activity, if the teacher or supervisor is found specifically to be 8
noncompliant with this section. 9
(f) A parent, legal guardian, or person standing in loco parentis of a 10
public school student shall have a cause of action against a public school 11
district or an open-enrollment public charter school if: 12
(1) His or her public school student: 13
(A) Encounters a member of the opposite sex in a public 14
school district or open -enrollment public charter school m ultiple occupancy 15
restroom or changing area that is designated for the public school student's 16
sex if the member of the opposite sex received permission from the public 17
school district or open -enrollment public charter school superintendent or 18
the public school or open-enrollment public charter school building principal 19
to use the multiple occupancy restroom or changing area; or 20
(B) Is required by a public school district or open -21
enrollment public charter school superintendent or the public school or op en-22
enrollment public charter school building principal to share sleeping 23
quarters with a member of the opposite sex who is not a family member of the 24
public school student; or 25
(2) The public school district or open -enrollment public charter 26
school is found to be noncompliant under subsection (e) of this section. 27
(g) The Division of Elementary and Secondary Education shall 28
promulgate rules to implement this section. 29
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/s/Bentley 31
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APPROVED: 3/21/23 34
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